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Compliance and employment separation

Tom Fox | December 19, 2017

Before beginning actual layoffs, the compliance practitioner should work with the legal department and HR function to make certain employment separation documents are in compliance with the Securities and Exchange Commission retaliatory language prohibition which attempts to prevent employees from bringing potential violations to appropriate law or regulatory enforcement officials. If your company requires employees to be presented with some type of CA to receive company approved employment severance package, it must not have language preventing an employee taking such action. But this means more than havding appropriate or even approved language in your CA, as you must counsel those who will be talking to the employee being laid off, not to even hint at retaliation if they go to authorities with a good faith belief of illegal conduct. You might even suggest, adding the SEC language to your script so the person leading the conversation at the layoff can get it right and you have a... To get the full story, subscribe now.